He's saying the games you boot up through gateway (that you've likely downloaded a copy of online) are copyright, not the gateway.
Anyway, I held off on Gateway as it was so new, and the clones quickly made me wary. I can't believe Gateway would add such destructive features to their software just to attack clones, when the feature has already affected genuine users of their product. Now, I have no faith in any of the cards on the market, and don't know how I can in any future carts. Point is, I'm glad I never bought a 3DS flashcart, and at this point I never intend to buy one. Maybe I'll get a regular DS flashcart so I can play some emulators and a few of my favorite unowned DS games. I'll just purchase all my 3DS games as I had been anyway.